Another legal action against Tameside General Hospital

A severely disabled man has won a landmark High Court victory, allowing him to mount legal action against the hospital he believes is to blame for his disabilities, lawyers said.Wheelchair-bound Jonathon Khairule from Tile Hill, Coventry, has cerebral palsy and can only communicate by typing on a keyb oard with his nose. The 27-year-old, who needs round-the-clock care, mounted a legal challenge against Tameside General Hospital in Ashton-under-Lyne, Lancashire, after the hospital argued that he was too late to bring a claim against them, law firm Irwin Mitchell said. Mr Khairule was born at the hospital and planned to bring a birth injury claim against North West Strategic Health Authority. But the law states that personal injury claims must be brought within three years. In the case of birth injuries or other claims relating to children, the three year period begins from the age of 18. Mr Khairule, who is set to begin a degree in Virtual Engineering at Coventry University next month, said: "I knew I had cerebral palsy from birth, but I had always been led to believe that it was just one of those unfortunate things which could not have been avoided. "It wasn't until I was in my early 20s that I started to do some investigating. I did not know if I would be able to claim compensation, I just wanted answers. I contacted various legal firms but no-one wanted to touch my case because I was over 21 and they told me I was technically out of time to bring a claim for a birth injury. "This was a complete shock to me as I had no idea of any time limit. Irwin Mitchell was the only law firm to agree to take up my case. However, they did warn me from the outset that it could be a tough legal battle but after obtaining advice from independent medical experts they advised me there were concerns about the way my birth was handled and I was determined to get justice."
Lindsay Gibb, a medical negligence specialist with Irwin Mitchell, said: "Jonathon first contacted us in February 2004, more than 18 months after his 21st birthday which meant technically he was out of time to bring a claim. "However, the law does give the Court the discretion to dis-apply the three year rule where the Judge is satisfied it would be equitable to do so and that a fair trial can still take place." The High Court officially found in Mr Khairule's favour in July, meaning Mr Khairule is now free to take action against the Strategic Health Authority. Channel 4 - News